NY AG James Prevails in EV Funding Lawsuit

New York Attorney General Letitia James has triumphed in a legal battle against the United States Department of Transportation (DOT), securing a court order to restore crucial funding for electric vehicle charging infrastructure. The AG and a coalition of 16 other states had sued the DOT for cancelling essential funds allocated by Congress for state electric vehicle charging networks.

The dispute stemmed from a January 29 executive order calling for the elimination of the federal government’s non-existent “electric vehicle mandate,” prompting the Federal Highway Administration (FHWA) to freeze billions in federal funds intended to support EV infrastructure. The U.S. District Court for the Western District of Washington granted the coalition’s request for a preliminary injunction, ensuring the release of funds vital for reducing pollution and supporting America’s growing EV population.

“Strong support for electric vehicle infrastructure is critical to tackling pollution and the climate crisis,” James stated. “This decision will help ensure states get the funding they need to support electric vehicles.”

The bipartisan Infrastructure Investment and Jobs Act (IIJA) had allocated $5 billion for state EV charging infrastructure plans, distributed through the National Electric Vehicle Infrastructure (NEVI) Formula Program. The injunction restores approximately $120 million in NEVI funds frozen by the Trump Administration, which has already contributed to the installation of 11 charging stations across New York.

Attorney General James and her coalition contended that withholding this funding was illegal and unconstitutional, as Congress had explicitly appropriated funds for the NEVI program. The injunction prevents the administration from blocking NEVI funds for state EV infrastructure projects previously approved by FHWA.

In addition to New York, Arizona, California, Colorado, Delaware, Hawaii, Illinois, Maryland, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Washington, Wisconsin, Vermont, and the District of Columbia joined the lawsuit. The victory is a significant win for proponents of sustainable transportation and environmental protection.

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